JUDGMENT AND ORDER :

A.J. Desai, J.

By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), one of the accused persons, namely, Kishorbhai Kalesto Nayak has prayed to quash and set aside FIR bearing II C.R. No.54 of 2016 registered with Pardi Police Station of Dist. Valsad on 17.4.2016 for the offences punishable under Sections 20 (c), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'), along with the Charge-sheet filed therein and case registered as Criminal Case No.4 of 2016 pending before the learned Sessions Judge, Valsad, mainly on the ground that the petitioner cannot be tried twice for the same offence as barred under Article 20 (2) of the Constitution of India.

2. Pursuant to the notice issued by this Court, the respondents have appeared through learned Public Prosecutor Mr. Mitesh Amin and have opposed grant of relief as prayed for.

3. The brief facts arise from the record are as under :-

3.1 That one D. G. Rabari, Police Sub-Inspector of B Division Police Station, Bharuch lodged an FIR being C.R. No. II-31 of 2016 on 16.4.2016 for the offences punishable under Sections 8 (c), 20 (B) and 29 of the NDPS Act against six accused persons including the present petitioner alleging that the complainant having prior secret information that one Tempo having particular Registration Number is being used for transportation of huge quantity of Ganja and the same is stationed at the residence of one of the accused, namely, Imtiyaz. Hence, after following the procedure provided under the NDPS Act, he raided the place of Imtiyaz. It was found that along with Imtiyaz, two other persons, namely, Mahesh Dahyabhai Bhati and Kanabhai Tulsibhai Solanki were present. It was also found that contraband, namely, Ganja in huge quantity was lying in one of the rooms of the house of Imtiyaz. Raid was carried out in the presence of Panchas and it was found that in all, 303.345 Kgs. Of Ganja worth Rs.24,26,760/- was seized and samples were collected and were sent for FSL.

3.2 On inquiry, all the three accused informed the Investigating Agency that the contraband were supplied by one Munir Shafik Mansuri, permanent resident of Valsad and the present petitioner who is permanent resident of Orissa, from a farm near the farm of Munir situated in Valsad District. It was disclosed by them that they had purchased the Ganja from both these persons. Thereafter, other procedures were carried out by the concerned Investigating Agency in connection with the said offence registered at B Division Police Station of Bharuch. Having received information that the Ganja was purchased by Imtiyaz from Munir and the present petitioner, namely, Kishorbhai who had kept the Ganja for selling purpose, the concerned Police Officer of Valsad District was informed. One Mr. B. J. Sarvaiya, Senior Police SubInspector of Pardi Police Station at around 23.55 Hours on 16.4.2016 raided the place near Valsad wherein Munir and Kishorbhai (petitioner herein) were found present and from the said place, huge quantity of Ganja weighing 498.240 Kgs. worth Rs.49,82,400/- was found and accordingly, the impugned FIR came to be lodged against Munir, Kishorbhai (petitioner herein) and other accused whose names have been referred in the FIR. The petitioner was arrested on the spot and is behind the bars since then.

3.4 Having charge-sheeted for these two offences and separate trials would take place, the present petition has been filed on the ground that the discovery of Ganja from Valsad from the possession of the petitioner at Valsad does not constitute a separate offence and it is in continuation of the registration of the first offence and, therefore, the same is required to be quashed and set aside.

4. Ms. Kruti M. Shah, learned advocate appearing for the petitioner would submit that the first FIR which is registered at B Division Police Station of Bharuch, the

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